Assignment of Contract: The first and easiest way is an assignment. You wont be able to do an assignment on every deal. Some sellers, especially banks or lenders and most realtors, wont allow you to put an assignment clause in the contract. An assignment is where you dont buy and sell the property. You assign your existing contract to another person whos stepping into your shoes and completing the contract. The person you assign the contract to abides by the terms you have negotiated.
Assignment of Beneficial Interest: This is a way to assign a non-assignable contract. If cant assign the contract, you can create a trust with you as the beneficiary and then assign the beneficial interest in the trust. The name stays the same on the contract and doesnt change but you have to list the buyer in the contract as the trust.
Subject To: This is where you buy a property with the existing financing in place and continue making payments on the sellers mortgage. The reason Im not a big fan is that anyone can get a property subject to by simply talking the seller into deeding the property to you and you continue the payments. Ive seen many new investors who focused on getting the deed and either couldnt sell the property or couldnt find a tenant and had to give the property back. Many states have enacted laws to protect consumers against investors who buy a property subject to. Check your states local laws regarding this option.
Options: In an option you dont have a contract on the property but an option to buy the property at a certain price and for a certain length of time. The money you give the seller as option money is non-refundable as its the price you are paying for the option itself. You then decide if you want to exercise the option or not. If you dont have your option sold to a buyer wholl actually close the deal then you simply let the option expire. In this type of transaction you wont need any more cash than the price of the option just remember the option money is non-refundable.
Youll be limited to the amount of sellers you can use an option with. Most realtors dont want to submit options as they want an actual contract on the property and dont want to take the property off the market during the option period. The best types of sellers to use an option with are for sale by owners.
Simultaneous Closing: This is having two closings back to back but your buyer will fund your purchase. Youre closing in your name but you dont have to bring any funds to the closing. Not every attorney or title company will allow you to do a simultaneous closing. Youll just have to ask your attorney or title company if they do these types of transactions. Many problems that arise come from this type of transaction. If you dont have your own funds to close and something happens to your buyer then you cant close and your seller will be upset, maybe to the point of suing you for specific performance.
Physically Closing: This is when you actually buy and fund the property with cash or financing. With this method you need to have your funding lined up in advance so you can close regardless of what happens to your buyer.
To Close A Deal
First, you must realize that all sellers have a problem. They need to sell a property to get something they want or to get away from something they can't afford. You can create motivation, not always, but a good bit of the time, by acting as a counselor on their
behalf.
You do not need to bedazzle them with your knowlege of creative real estate terminology. They are not well-versed in this field, nor do they wish to be.
Instead of saying, We would like to do a wraparound mortgage, or We will buy your home subject to, you would say, We will create another paper to make sure you get all your money,or We will take the burden of those monthly payments away from you. Instead of saying, we will pay off you arrearages,you would say, we will make up all the late paysments.
If you have sellers with bad credit, and they are behind on their payments and facing foreclosure, which sounds better? Mr. Client, we will do a subject to, the loan will stay in your name, and sometime down the line, if the new buyer doesn't screw up like you did, the mortgage will get refinanced.
Or, Mr. Client, we will pay up your late payments and make sure the payments are made on time. Not only will that stop the bank from harassing you, that record of on time payments before the new buyer refinances will look very good on YOUR credit." Use benefits to convince the sellers
Remember to always be closing and always use words that show the benefits to the sellers. What are the benefits to the sellers?
Speed: The problem can be solved now. No waiting for an agent to bring (or not bring) offers.
Peace of mind: The property is sold, and now they can move on with their lives.
Credit: A timely record of payments always looks good, especially one the size of a mortgage.
Capital gains: This is especially true for older sellers. They only pay the gain, as they receive it.
Interest: They get additional interest instead of getting 2% at the bank. (Apply to their greed factor.)
Better price: Terms always net the sellers more than all cash offer. (Show them a cash offer.)
No agents to pay,No landlord headaches, No holding costs: If they hold the property for six months for a better offer, what will they net?
How far will the mortgage balance come down? How much better will the offer be? How much in monthly payments, insurance, and taxes? How about that big fat commission? Will that house they want now, still be available?
You are here now. What happens in six months if you decide to take my offer, but I already have enough properties to keep me busy for now?
Handling the sellers' objections
We are trained as consumers to hate any type of sales presentation, and as a society, we have developed some pretty sophisticated defense mechanisms. It is our job as investors to break down these barriers and get the seller to say yes.
There will be objections. If there aren't, you better watch out because something is wrong. When the sellers voice an objection, stop whatever you are doing and address the issue. It will not go away.
I almost always address objections in this manner:
That's a great question; we get asked that a lot. I always get worried when someone doesn't bring that up. That means you are paying attention. The reason why we do things this way is this allows us to do business now.
Notice that you are complimenting the sellers for being
intelligent. Flattery, if not abused, will get you everywhere you want to go. Flattery is the velvet over the handle of the hammer.
With objections, always be honest and up front. It is not a deal killer if a sellers object. I always ask the sellers if they understand before I continue. I will also ask if they want me to go on because if their objections are insurmountable, I need to know
as quickly as possible, so I can go on to the next deal.
Here are some very important words to close a deal. If the sellers have a small objection that you know you can handle ask (memorize this): if I could would you? These are the five most powerful words in negotiating. They do not offer an out if you concede to their point. They create a win/win situation.
Finally, when you finish the presentation with an offer, end with an open-ended question: When would you like to close, two weeks or the first of the month? Don't ask a yes or no question. Don't ask,is this OK? Always assume the close, and you will close more deals.
Both Ben Needles & Richard Reichmann are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Ben Needles has sinced written about articles on various topics from Business Credit Cards, Anger Control and Business Credit Cards. About the Author (text)For more articles and a 10 part e-course on how to create your own Ultimate Buying and Selling Machine! plus over 50 training audios, simply go to. Ben Needles's top article generates over 550000 views. to your Favourites.
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